Category: Insurance

Court of Appeal considers application of Fairchild test in asbestos-induced lung cancer cases

In Heneghan v Manchester Dry Docks Ltd &  Ors [2016] EWCA Civ 86, the Court of Appeal considered whether the Fairchild exception should be applied in a case of multiple exposures to asbestos leading to lung cancer. Like mesothelioma, lung cancer is regarded as an “indivisible” disease – the severity does […]

Lloyd’s CRO urges insurers to contingency plan against the risk of Brexit. Was he right to do so?

Lloyd’s Chief Risk Officer, Sean McGovern, spoke to the Insurance Institute of London yesterday about the impact of a possible Brexit on insurers, reinsurers and brokers. The speech was delivered at a sensitive time, and with some urgency: most commentators expect UK / EU negotiations to finish next week; with […]

Commercial Court considers notification and retroactive date clauses in professional indemnity policy

In ARC Capital Partners Ltd v Brit Syndicates Ltd and QBE Underwriting Ltd [2016] EWHC 141 (Comm) Mr Justice Cooke held that an exclusion clause in a professional indemnity insurance policy which excluded coverage for claims “in any way involving” acts committed prior to a certain cut-off date would not […]

UK Insurance Fraud Taskforce produces its final report

In January 2016 the Insurance Fraud Taskforce produced its final report into the serious issue of fraud in insurance, a problem which is reported to cost more than £3bn each year.

Commercial Court considers jurisdictional issues affecting contribution claims

In XL Insurance Company SE v AXA Corporate Solutions Assurance [2015] EWHC 3431 (Comm), the Commercial Court has held that, pursuant to Article 4 of EU Regulation 1215/2012, it had no jurisdiction to hear a dispute between a French insurance company, AXA Corporate Solutions Assurance (“AXA”) and its UK based […]

Part VII Transfers – when is the Independent Expert obliged to disclose the documents he relies on, as he prepares his report?

In Excess Insurance Company Limited & others, the Court was asked to sanction the transfer of an insurance business from three different insurers to a fourth. The Prudential Regulation Authority and Financial Conduct Authority had no objections; and the Independent Expert (IE) had concluded that, “…the security provided to policyholders would be equivalent or improved after […]

ILS provisions added to Bank of England and Financial Services Bill

The UK government has proposed amendments to the Bank of England and Financial Services Bill (the Bill), which if enacted, would pave the way for Insurance Linked Securities (ILS) and collateralised reinsurance business activity in London.

The Enterprise Bill and damages for late payment

The Enterprise Bill 2015 contains clauses concerning controversial measures (originally included in, but later removed from, the Insurance Act 2015) concerning the rights of policyholders to claim damages for late payment of claims. Cooley partner David Kendall has written an article on this important issue, originally published in Insurance Day, […]

The Senior Insurance Managers Regime for Solvency II firms: A practical guide

Cooley and the Insurance & Reinsurance Legacy Association (IRLA) have published a practical guide to the UK PRA’s Senior Insurance Managers Regime. The guide is available here. A fully cross-referenced version is available on request from Cooley.

Commercial court considers application of aggregation clause

An insurer’s attempt to aggregate £10 million in claims, and thereby cap its pay-out to £3 million, has been rejected by the Commercial Court in the case of AIG Europe v OC320301 LLP [2015] EWHC 2398 (Comm).   The decision turned on the interpretation of the aggregation clause and, more specifically, […]